Ismayal N M vs Union Of India
2024 Latest Caselaw 13098 Ker

Kerala High Court

Ismayal N M vs Union Of India on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                    WP(C) NO. 13168 OF 2024
PETITIONER:

         ISMAYAL N M
         AGED 57 YEARS
         S/O MOIDUNNY,
         RESIDING AT NAMBIARUVALAPPIL HOUSE,
         PERUMTHURUTHY P O, PAZHANJI,
         THRISSUR, PIN - 680542

         BY ADVS.
         VANESHA VISWAMBARAN
         BABIN T. ANTHIKKAD


RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED THROUGH MINISTRY OF EXTERNAL AFFAIRS,
         REGIONAL PASSPORT OFFICE, SNSM BUILDING,
         KARALKADA JUNCTION, PETTAH P.O,
         TRIVANDRUM, PIN - 695024
    2    REGIONAL PASSPORT OFFICE
         REPRESENTED BY THE REGIONAL PASSPORT OFFICER,
         SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH,
         PANAMPILLY NAGAR, KOCHI, ERNAKULAM, PIN - 682036

         BY ADV KRISHNA T C, CENTRAL GOVERNMENT COUNSEL


     THIS WRIT PETITION       (CIVIL) HAVING COME UP      FOR
ADMISSION ON 23.05.2024,      THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13168 of 2024
                               2




                           JUDGMENT

Dated this the 23rd day of May, 2024

The petitioner, who is holder of a Passport, is aggrieved

by the delay on the part of the 2 nd respondent-Regional

Passport Officer to pass orders on his application for

correction of date of birth.

2. Ext.P6 is the application submitted by the petitioner

for correction of date of birth. The petitioner would contend

that his date of birth is reflected in the Passport as

30.03.1958. The date of birth has to be corrected as

30.03.1966. The delay in correcting the date of birth in the

Passport is causing considerable difficulties to the petitioner.

3. Senior Panel Counsel entered appearance and

resisted the writ petition. The Senior Panel Counsel submitted

that there was a doubt about the petitioner obtaining multiple

Passports and therefore, the Regional Passport Officer

required the petitioner to produce all the Passports in his

possession. The petitioner has not produced the Passports.

If the petitioner personally approaches the Regional Passport

Officer with current Passport as well as previous Passports

held by the petitioner and other relevant documents, the

Passport Officer can pass final orders on the application for

correction of date of birth.

4. Taking into consideration the stand taken by the

Senior Panel Counsel, the writ petition is disposed of with the

following directions:

The petitioner is directed to appear before the

2nd respondent-Regional Passport Officer on 03.06.2024

along with current and previous Passports, which are in

possession of the petitioner, and other documents, if any,

already demanded by the Regional Passport Officer. After

receiving / verifying the documents produced by the petitioner,

the Regional Passport Officer shall pass orders on the

application for date of birth correction, as expeditiously as

possible and at any rate, within a period of two weeks from

the date of receipt of the afore documents.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 13168/2024

PETITIONER EXHIBITS

Exhibit-P1 THE TRUE COPY OF THE PASSPORT NO.P021852, DATED 28/05/1993. Exhibit-P2 THE TRUE COPY OF RENEWED PASSPORT BEARING NO.W7530189, DATED 03/01/2023. Exhibit-P3 THE TRUE COPY OF THE BIRTH CERTIFICATE Exhibit-P4 THE TRUE COPY OF MATRICULATION CERTIFICATE.

Exhibit-P5 THE TRUE COPY OF AADHAAR CARD. Exhibit-P6 THE TRUE COPY OF APPLICATION FOR RE-

ISSUE OF PASSPORT WITH CHANGE OF HIS DATE OF BIRTH, DATED ON 19/03/2024.

Exhibit-P7         THE TRUE COPY OF VISA.